You Be The Judge
Posted: Mon Jul 12, 2021 10:18 pm
Grievor - Male, age 43
Seniority - 12 years
Job Title - Assembler
Rate of pay - $18.50/hr
Discipline Record - Good
Nature of Grievance - Improper Discharge
Remedy Sought - Reinstatement with no loss of Seniority plus three days bereavement pay
The Company employs 70 people at its plant in a small Ontario town, where they manufacture one of North America's best known brands of water heaters for residential, commercial, and institutional use.
The collective agreement provides several circumstances under which an employee can be discharged and their name removed from the Seniority List. One of the reasons listed is unauthorized absence for more than 3 consecutive days.
The collective agreement provides that the employer will consider a request from an employee for a leave of absence up to thirty days for good reason. The employee can further request an extension of such leave for an additional thirty days if needed The employer has the sole discretion to grant or deny any request for leave.
The collective agreement also provides for three days paid bereavement leave in the event of a death in the family.
The Plant Manager had in his voice mail one morning a message that had been left the previous evening. The employee was requesting a leave of absence. His mother in law in Ireland was gravely ill and he and his wife were on their way to the airport to fly to Ireland. He didn't leave any address or phone number where he could be contacted
The Company's HR person called me the next day to advise me what had happened. She said they couldn't approve a leave for an indefinite term and the employee had failed to specify the term. She said she had no choice but to deny the request for leave. However she offered that if I could contact the employee and tell him to make a proper request for leave she would consider the request. She agreed to wait seven days to give me an opportunity to reach the employee. The trouble was, he hadn't left any contact information with the Union either.
Ten days later, the Company sent a registered letter to the employee at his last known address advising him that his employment was being terminated. They sent a copy of the letter to the Union. The employee's letter was undeliverable and was returned to the Company.
Three weeks later the Plant Manager had another voice mail saying the employee's mother in law had died and requesting that the Company deposit three day's pay in his bank. The Company did not deposit the money because it was their position that the person was no longer an employee.
Another provision in the collective agreement allows that an employee has up to ten days to file a grievance following discharge. Such grievance must be signed by the employee.
Without a signed grievance we could not proceed. I contacted the HR lady and requested that the Company waive the time limits for filing a grievance. She consented to the waiver.
Did the grievance ever succeed?
Seniority - 12 years
Job Title - Assembler
Rate of pay - $18.50/hr
Discipline Record - Good
Nature of Grievance - Improper Discharge
Remedy Sought - Reinstatement with no loss of Seniority plus three days bereavement pay
The Company employs 70 people at its plant in a small Ontario town, where they manufacture one of North America's best known brands of water heaters for residential, commercial, and institutional use.
The collective agreement provides several circumstances under which an employee can be discharged and their name removed from the Seniority List. One of the reasons listed is unauthorized absence for more than 3 consecutive days.
The collective agreement provides that the employer will consider a request from an employee for a leave of absence up to thirty days for good reason. The employee can further request an extension of such leave for an additional thirty days if needed The employer has the sole discretion to grant or deny any request for leave.
The collective agreement also provides for three days paid bereavement leave in the event of a death in the family.
The Plant Manager had in his voice mail one morning a message that had been left the previous evening. The employee was requesting a leave of absence. His mother in law in Ireland was gravely ill and he and his wife were on their way to the airport to fly to Ireland. He didn't leave any address or phone number where he could be contacted
The Company's HR person called me the next day to advise me what had happened. She said they couldn't approve a leave for an indefinite term and the employee had failed to specify the term. She said she had no choice but to deny the request for leave. However she offered that if I could contact the employee and tell him to make a proper request for leave she would consider the request. She agreed to wait seven days to give me an opportunity to reach the employee. The trouble was, he hadn't left any contact information with the Union either.
Ten days later, the Company sent a registered letter to the employee at his last known address advising him that his employment was being terminated. They sent a copy of the letter to the Union. The employee's letter was undeliverable and was returned to the Company.
Three weeks later the Plant Manager had another voice mail saying the employee's mother in law had died and requesting that the Company deposit three day's pay in his bank. The Company did not deposit the money because it was their position that the person was no longer an employee.
Another provision in the collective agreement allows that an employee has up to ten days to file a grievance following discharge. Such grievance must be signed by the employee.
Without a signed grievance we could not proceed. I contacted the HR lady and requested that the Company waive the time limits for filing a grievance. She consented to the waiver.
Did the grievance ever succeed?